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Father Refusing to Return Son to Mother

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PQN

Member
^^^^


I do not want my attorney to withhold her personal thoughts. Her opinion is part of what I am paying her for! (back when I had an attorney).
 


Just Blue

Senior Member
Sorry but no. I don't withhold my personal thoughts.Maybe that is because my hourly fees are less than $400.
lol...Still wish you lived in Massachusetts. I would LOVE you to be my attorney in ANY situation. I, personally, like getting the real deal from an attorney. Even if it HURTS!! ;)
 

Doreen

Member
What is the name of your state (only U.S. law)?

...father and stepmother moved to Colorado. My daughter and grandson moved to Wyoming.

The daughter and grandson have come back to Iowa for visits. My husband and I had the grandson for a visit during the month of June.
...A couple of weeks later, she brought the grandson to Colorado for what was supposed to be a two week visit with his father and stepmother.

When mom went to retrieve the son, the father refused to give him back, and the stepmother called the police stating the mother was trespassing.
The police would not get involved because it was a domestic dispute.

Mom gets summoned to court in Colorado because dad filed for custody. Court throws it out because they have no jurisdiction because grandson has not
been living in Colorado for 6 months.

Mom attempts to get a lawyer in Wyoming, but is told Wyoming has no jurisdiction because grandson is in Colorado.

Human services has been contacted by us (grandma, grandpa, aunts, uncle here in Iowa) because we honest and truly fear for the safety of our grandson.
We have been told an investigation has begun, but have not been told details. We would like to gain guardianship of our grandson.

We are at our wits end here, it seems like we are in a catch-22 situation.
There is NO catch 22 here. Wyoming currently has jurisdiction, but not for much longer.

The Colorada court dismissed the case because it currently does NOT have jurisdiction.
Once the child has been in CO at least six months, CO will then HAVE jurisdiction, and it will take the case if it is refiled.

This is beyond what Wyoming legal aid is willing to do, as shown here. If mom is unable to come up with the money to hire a competent family law attorney,
Wyoming will soon lose jurisdiction, and mother may lose custody to the father.

The only way to guarantee that Wyoming will retain jurisdiction is to file a custody action in a Wyoming court BEFORE the child becomes a resident of Colorado.
An attorney may then be able to quickly get an ex parte hearing and a court order for mom to get custody back.

However this shakes out, and even if mom remains the custodial parent, you will NOT then be given guardianship and custody over the father's objections.
So if that factors into whether or not to give your daughter money for a good Wyoming attorney, or just allow dad to keep his child in Colorado, that is your decision.
 
Last edited:
OG,

Your fees are less than $400 but if you were in CA you could be pulling down $500 -$600/hr in my area. Of course your expenses might be a tad higher too ;)

Birdbrain
 

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